Kerala High Court
Shihab vs State Of Kerala on 6 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.MC NO. 406 OF 2024
CRIME NO.71/2009 OF SASTHAMCOTTA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT SC 798/2018 OF ASSISTANT
SESSIONS COURT/SUB COURT, KARUNAGAPPALLY
PETITIONER/ACCUSED A4 :
SHIHAB, AGED 39 YEARS
S/O ALIYARU KUNJU, KOCHUTHUNDIL VEEDU,
THEKKEN MYNAGAPPALLY MURI,
MYNAGAPPALLY VILLAGE, KUNNATHOOR THALUK,
KOLLAM DISTRICT, PIN - 690 519.
BY ADV P.V.DILEEP
RESPONDENT/STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER
SASTHAMCOTTA POLICE STATION,
SASTHAMCOTTA P.O, KOLLAM DISTRICT - 690 521.
3 SIBU, AGED 41 YEARS
S/O VISWAMBHARAN,
KOCHU VEETTIL PADINJATTATHIL,
NORTH OF UDAYA JUNCTION,
IDAVANASSERI MURI,
MYNAGAPPALLY VILLAGE,
KUNNATHOOR THALUK,
KOLLAM DISTRICT., PIN - 690 519.
SRI. NOUSHAD K.A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.406 of 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.406 of 2024
...................................................
Dated this the 6th day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C
to quash all proceedings against him.
2. Petitioner is the 4th accused in S.C.No.798/2018 on the files of
the Sub Court, Karunagappally arising out of Crime No.71/2009
of Sasthamcotta Police Station, registered for the offence under
Sections 143, 147, 148, 341, 323, 324, 308 r/w Section 149 of
the Indian Penal Code, 1860. The 3 rd respondent is the de facto
complainant.
3. According to the prosecution, on 12.02.2009 the accused
persons formed themselves into an unlawful assembly, in
furtherance of their common intention, and armed with deadly
weapons assaulted the de facto complainant, and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned
counsel for the respondent, apart from the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that the
matter has been settled and hence the proceedings against the
petitioner ought to be quashed. It was also submitted that,
considering the nature of offences alleged, no purpose would
be served by continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC
303], the Apex Court has held that in appropriate cases, the
High Court can take note of the amicable resolution of disputes
between the victim and the wrongdoer to put an end to the
criminal proceedings. This view was reiterated in Narinder
Singh and Others v. State of Punjab and Another [(2014) 6 SCC
466] and Yogendra Yadav and Others v. State of Jharkhand
and Another [(2014) 9 SCC 653].
7. I have perused Annexure-3 affidavit filed by the 3 rd respondent.
The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and
the de facto complainant stands by the contents thereof. I am
satisfied that the matter has been settled and no public interest
is involved in this case. There is no impediment for granting
the prayer for quashing. The continuance of the proceedings
will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioner in
S.C.No.798/2018 on the files of the Sub Court, Karunagappally,
are quashed as against the petitioner alone.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/09/02/2024
PETITIONER ANNEXURES
ANNEXURE-1 THE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO. 71/2009 OF SASTHAMCOTTA
POLICE STATION, KOLLAM DISTRICT.
ANNEXURE-2 THE TRUE COPY OF THE JUDGEMENT DATED
04.11.2017 IN S.C.NO. 212/2013 OF THE
ASSISTANT SESSIONS JUDGES COURT
KARUNAGAPPALLY AGAINST ACCUSED NOS. 3,
5 AND 6.
ANNEXURE-3 A TRUE COPY OF THE AFFIDAVIT FILED BY
THE 3 RD RESPONDENT/INURED.
ANNEXURE-4 THE TRUE COPY OF THE CITATION REPORTED
IN 2022 (3) KHC 69 DATED 25.03.2022.
TRUE COPY
